THIRD ARTICLE [I-II, Q. 105, Art. 3]

Whether the Judicial Precepts Regarding Foreigners Were Framed in a

Suitable Manner?

Objection 1: It would seem that the judicial precepts regarding

foreigners were not suitably framed. For Peter said (Acts 10:34, 35):

"In very deed I perceive that God is not a respecter of persons, but

in every nation, he that feareth Him and worketh justice is

acceptable to Him." But those who are acceptable to God should not be

excluded from the Church of God. Therefore it is unsuitably commanded

(Deut. 23:3) that "the Ammonite and the Moabite, even after the tenth

generation, shall not enter into the church of the Lord for ever":

whereas, on the other hand, it is prescribed (Deut. 23:7) to be

observed with regard to certain other nations: "Thou shalt not abhor

the Edomite, because he is thy brother; nor the Egyptian because thou

wast a stranger in his land."

Obj. 2: Further, we do not deserve to be punished for those things

which are not in our power. But it is not in man's power to be an

eunuch, or born of a prostitute. Therefore it is unsuitably commanded

(Deut. 23:1, 2) that "an eunuch and one born of a prostitute shalt

not enter into the church of the Lord."

Obj. 3: Further, the Old Law mercifully forbade strangers to be

molested: for it is written (Ex. 22:21): "Thou shalt not molest a

stranger, nor afflict him; for yourselves also were strangers in the

land of Egypt": and (Ex. 23:9): "Thou shalt not molest a stranger,

for you know the hearts of strangers, for you also were strangers in

the land of Egypt." But it is an affliction to be burdened with

usury. Therefore the Law unsuitably permitted them (Deut. 23:19, 20)

to lend money to the stranger for usury.

Obj. 4: Further, men are much more akin to us than trees. But we

should show greater care and love for those things that are nearest

to us, according to Ecclus. 13:19: "Every beast loveth its like: so

also every man him that is nearest to himself." Therefore the Lord

unsuitably commanded (Deut. 20:13-19) that all the inhabitants of a

captured hostile city were to be slain, but that the fruit-trees

should not be cut down.

Obj. 5: Further, every one should prefer the common good of virtue to

the good of the individual. But the common good is sought in a war

which men fight against their enemies. Therefore it is unsuitably

commanded (Deut. 20:5-7) that certain men should be sent home, for

instance a man that had built a new house, or who had planted a

vineyard, or who had married a wife.

Obj. 6: Further, no man should profit by his own fault. But it is a

man's fault if he be timid or faint-hearted: since this is contrary

to the virtue of fortitude. Therefore the timid and faint-hearted are

unfittingly excused from the toil of battle (Deut. 20:8).

_On the contrary,_ Divine Wisdom declares (Prov. 8:8): "All my words

are just, there is nothing wicked nor perverse in them."

_I answer that,_ Man's relations with foreigners are twofold:

peaceful, and hostile: and in directing both kinds of relation the

Law contained suitable precepts. For the Jews were offered three

opportunities of peaceful relations with foreigners. First, when

foreigners passed through their land as travelers. Secondly, when

they came to dwell in their land as newcomers. And in both these

respects the Law made kind provision in its precepts: for it is

written (Ex. 22:21): "Thou shalt not molest a stranger (_advenam_)";

and again (Ex. 22:9): "Thou shalt not molest a stranger

(_peregrino_)." Thirdly, when any foreigners wished to be admitted

entirely to their fellowship and mode of worship. With regard to

these a certain order was observed. For they were not at once

admitted to citizenship: just as it was law with some nations that no

one was deemed a citizen except after two or three generations, as

the Philosopher says (Polit. iii, 1). The reason for this was that if

foreigners were allowed to meddle with the affairs of a nation as

soon as they settled down in its midst, many dangers might occur,

since the foreigners not yet having the common good firmly at heart

might attempt something hurtful to the people. Hence it was that the

Law prescribed in respect of certain nations that had close relations

with the Jews (viz., the Egyptians among whom they were born and

educated, and the Idumeans, the children of Esau, Jacob's brother),

that they should be admitted to the fellowship of the people after

the third generation; whereas others (with whom their relations had

been hostile, such as the Ammonites and Moabites) were never to be

admitted to citizenship; while the Amalekites, who were yet more

hostile to them, and had no fellowship of kindred with them, were to

be held as foes in perpetuity: for it is written (Ex. 17:16): "The war

of the Lord shall be against Amalec from generation to generation."

In like manner with regard to hostile relations with foreigners, the

Law contained suitable precepts. For, in the first place, it

commanded that war should be declared for a just cause: thus it is

commanded (Deut. 20:10) that when they advanced to besiege a city,

they should at first make an offer of peace. Secondly, it enjoined

that when once they had entered on a war they should undauntedly

persevere in it, putting their trust in God. And in order that they

might be the more heedful of this command, it ordered that on the

approach of battle the priest should hearten them by promising them

God's aid. Thirdly, it prescribed the removal of whatever might prove

an obstacle to the fight, and that certain men, who might be in the

way, should be sent home. Fourthly, it enjoined that they should use

moderation in pursuing the advantage of victory, by sparing women and

children, and by not cutting down fruit-trees of that country.

Reply Obj. 1: The Law excluded the men of no nation from the worship

of God and from things pertaining to the welfare of the soul: for it

is written (Ex. 12:48): "If any stranger be willing to dwell among

you, and to keep the Phase of the Lord; all his males shall first be

circumcised, and then shall he celebrate it according to the manner,

and he shall be as that which is born in the land." But in temporal

matters concerning the public life of the people, admission was not

granted to everyone at once, for the reason given above: but to some,

i.e. the Egyptians and Idumeans, in the third generation; while

others were excluded in perpetuity, in detestation of their past

offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one

man is punished for a sin committed by him, in order that others

seeing this may be deterred and refrain from sinning; so too may one

nation or city be punished for a crime, that others may refrain from

similar crimes.

Nevertheless it was possible by dispensation for a man to be admitted

to citizenship on account of some act of virtue: thus it is related

(Judith 14:6) that Achior, the captain of the children of Ammon, "was

joined to the people of Israel, with all the succession of his

kindred." The same applies to Ruth the Moabite who was "a virtuous

woman" (Ruth 3:11): although it may be said that this prohibition

regarded men and not women, who are not competent to be citizens

absolutely speaking.

Reply Obj. 2: As the Philosopher says (Polit. iii, 3), a man is said

to be a citizen in two ways: first, simply; secondly, in a restricted

sense. A man is a citizen simply if he has all the rights of

citizenship, for instance, the right of debating or voting in the

popular assembly. On the other hand, any man may be called citizen,

only in a restricted sense, if he dwells within the state, even

common people or children or old men, who are not fit to enjoy power

in matters pertaining to the common weal. For this reason bastards,

by reason of their base origin, were excluded from the _ecclesia,_

i.e. from the popular assembly, down to the tenth generation. The

same applies to eunuchs, who were not competent to receive the honor

due to a father, especially among the Jews, where the divine worship

was continued through carnal generation: for even among the heathens,

those who had many children were marked with special honor, as the

Philosopher remarks (Polit. ii, 6). Nevertheless, in matters

pertaining to the grace of God, eunuchs were not discriminated from

others, as neither were strangers, as already stated: for it is

written (Isa. 56:3): "Let not the son of the stranger that adhereth

to the Lord speak, saying: The Lord will divide and separate me from

His people. And let not the eunuch say: Behold I am a dry tree."

Reply Obj. 3: It was not the intention of the Law to sanction the

acceptance of usury from strangers, but only to tolerate it on

account of the proneness of the Jews to avarice; and in order to

promote an amicable feeling towards those out of whom they made a

profit.

Reply Obj. 4: A distinction was observed with regard to hostile

cities. For some of them were far distant, and were not among those

which had been promised to them. When they had taken these cities,

they killed all the men who had fought against God's people; whereas

the women and children were spared. But in the neighboring cities

which had been promised to them, all were ordered to be slain, on

account of their former crimes, to punish which God sent the

Israelites as executor of Divine justice: for it is written (Deut.

9:5) "because they have done wickedly, they are destroyed at thy

coming in." The fruit-trees were commanded to be left untouched, for

the use of the people themselves, to whom the city with its territory

was destined to be subjected.

Reply Obj. 5: The builder of a new house, the planter of a vineyard,

the newly married husband, were excluded from fighting, for two

reasons. First, because man is wont to give all his affection to

those things which he has lately acquired, or is on the point of

having, and consequently he is apt to dread the loss of these above

other things. Wherefore it was likely enough that on account of this

affection they would fear death all the more, and be so much the less

brave in battle. Secondly, because, as the Philosopher says (Phys.

ii, 5), "it is a misfortune for a man if he is prevented from

obtaining something good when it is within his grasp." And so lest

the surviving relations should be the more grieved at the death of

these men who had not entered into the possession of the good things

prepared for them; and also lest the people should be horror-stricken

at the sight of their misfortune: these men were taken away from the

danger of death by being removed from the battle.

Reply Obj. 6: The timid were sent back home, not that they might be

the gainers thereby; but lest the people might be the losers by their

presence, since their timidity and flight might cause others to be

afraid and run away.

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